Refusal by the petitioner to permit repair work on 24th August, 2026

 

 

WITHOUT PREJUDICE

Date: 28^th August, 2026

To

1.     The Executive Engineer (Building)
Borough No. XVI, Joka
Kolkata Municipal Corporation
Kolkata.

2.     The Assistant Engineer (Civil)
Borough No. XVI, Joka, KMC Building Department
Kolkata Municipal Corporation
Kolkata.

Ref.: WPA No. 10305 of 2025

Raj Kumar Gupta –Versus– The Kolkata Municipal Corporation & Ors.

 

Subject: Refusal by the petitioner to permit repair work on 24th August, 2026

Sir/Madam,

 

Under instructions and on behalf of my clients, being the private Respondent Nos. 5 and 6 in the above-mentioned writ petition, I hereby place on record the events that occurred at the petitioner’s premises on 24th August, 2026.

 

Pursuant to the order dated 12th August, 2026 passed by the Hon’ble High Court at Calcutta, my clients attended the petitioner’s premises on 24th August, 2026 to carry out the repair work recommended in the KMC report dated 8th August, 2026. The concerned KMC officials also attended the premises to supervise the work in terms of the said order.

 

However, the petitioner, Mr. Raj Kumar Gupta, refused to allow my clients to commence or carry out the recommended repair work. Instead, he demanded demolition of the existing structure and construction of a new building in its place.

 

The said demand is wholly beyond the scope of the KMC report as well as the directions contained in the order dated 12th August, 2026. The Hon’ble Court directed only repair of the damaged portions in accordance with the methodology recommended by the KMC authority. No direction was issued for demolition of the petitioner’s premises or construction of a new building.

 

Despite the readiness and willingness of my clients to undertake the directed repairs at their own cost, the work could not be commenced solely because of the petitioner’s refusal to grant access and cooperation. Such refusal is also contrary to the consent recorded on behalf of the petitioner in the order dated 12th August, 2026.

 

You are, therefore, requested to take the aforesaid facts on record and prepare an appropriate official report regarding the events of 24th August, 2026. The true factual position may also kindly be placed before the Hon’ble High Court on the returnable date.

 

My clients remain ready and willing to carry out the repair work strictly in accordance with the KMC report and the directions of the Hon’ble Court, subject to the petitioner providing necessary access and cooperation.

 

This communication is issued for your information and necessary action, without prejudice to the rights and contentions of the private Respondent Nos. 5 and 6.

 

Yours faithfully,

 

 

Sanjib Saha
Advocate
High Court at Calcutta

Enclosures:

1.     Copy of the order dated 12th August, 2026.

2.     Copy of the earlier communication dated 20th August, 2026.

 

Copy to:
Mr. Raj Kumar Gupta, Premises No. 3312, Vidyasagar Sarani,
P.S. Haridevpur, Kolkata – 700063.